One Cannot Be Incarcerated For Violating The Terms Of Post Release Supervision Not Imposed By A Judge
After the Court of Appeals held that post release supervision sentences added by the Department of Corrections or by court personnel, other than judges are not validly imposed, but that resentencing was available in such cases for a court to lawfully impose such a sentence (People v Sparber)the questioned remained whether persons charged with violating the terms of post release supervision not imposed by judges are entitled to immediate release. Today, in People of...
read moreRecent Third Department Reversals, Modifications and Dissents
by Tim Davis, Esq. People v Hackett, 47 AD3d 1122 (January 24, 2008) Late one night, a State Trooper observed the defendant drive his vehicle over the fog line. The Trooper activated his emergency lights. After pulling over to the side of the road, the defendant leaned toward the passenger seat of his vehicle before the Trooper approached. The Trooper requested both license and registration, but defendant produced only the registration. Upon questioning defendant...
read morePost Release Supervision: What is the Remedy When Not Imposed By a Judge?
In People v Sparber, 2008 NY Slip Op 03946 [NY 4/29/2008], the Court of Appeals finally considered the remedy when sentencing courts fail to pronounce their Post Release Supervision [PRS] terms in accordance with Criminal Procedure Law sections 380.20 and 380.40 and more than a year has past. The Second Circuit, in considering this issue, held in Earley v Murray (451 F3d 71 [2d Cir 2006]), which held that DOCS’s administrative addition of a...
read moreWeapons and Assault Sentences to Run Concurrently
In People v Torres, 2008 NY Slip Op 03888 [4th Dept 4/25/2008], the Court agreed with defendant…that County Court erred in directing that the sentence imposed on the count of criminal possession of a weapon shall run consecutively to the sentence imposed on each count of attempted assault and attempted aggravated assault. There is no evidence that defendant “possessed the pistol with a purpose unrelated to his intent to shoot [the officers]” (People v...
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